just recieved summons in the mail from pressler and pressler in new jersey for 5k. does anybody have any ideas what should i do. should i contact a lawyer-more money-ahgg-or can i file something on my own to delay it. i will have some money in 2 months but should i try to negotiate with them? i don't want them to freeze my bank acct or more contact my employer which would be bad-- the debt is creditcard and 5 years old
Is this a purchased debt?? Is there a hearing date?? Did you ask them to validate the debt?? Is this their first contact with you?? I'd request validation of the debt and see what they provide, if they can provide and go from there. During the validation period all collections must cease. Post more info so we know the events that led up to the summons.
no their is no date thats why it looks weird. its basicly say you have 35 days to reply. if you don't reply your guilty and they have right to seize assets. what it looks to me its a way if you don't do anything thats how they get court rights. so i need to answer but just wondering if anybody around here have been thru it.
Was there a petition with the summons?? Was the summons served on you?? Is the attorney's representing the original creditor?? At the least I would send a dispute and validation request within the 35 days and that will slow things down. Be sure to ask for the assignment or assignments to prove that they are entitled to collect the debt. Check the statute of limitations in your state as a lawsuit may be time barred. I was born and raised in Woodbury, NJ but live in Oklahoma now. Was the summons filed in court?? If you don't answer they will get a judgment on you and garnish wages, bank accounts, and could put leans on property. If you don't answer they will set the matter for hearing. Once and if they do send some sort of validation you can challange their info. If it does get set for hearing, you will have another 20 days to answer their petition. From what I can tell, they haven't set a hearing yet and I would surely send a dispute and validation letter to them and file it the case also. Be sure to send it certified mail with return receipt requested.
Title 12A Article 9-406 C is your states Notice of Assignment. I just looked it up on your states website. I just 2 weeks ago beat a firm here in Ok on the same thing. Read the statute and you will see that they are to provide proof of the assignment upon your request. Your statutes go further into detail than ours pertaining to reasonable proof and authentication. Request the assignment pursuant to the above named title in your dispute and validation letter to them and they will have to provide proof. If they are a JDB they probably can't. Also from what I can tell, your statute of limitations is 4 years. If the account has been in default for over 4 years than they can't get a judgement, be sure to argue that it's time barred and make them prove it's not.
Pressler and Pressler are scumbag lawyers from what I've read on them. Type their name on Google and read all about them and the lawsuits against them for FDCPA violations. From what I've read if you challange them they won't be able to prove up their claims. They are probably looking for a default judgement. Challange them on the assignment and the statute of limitations and make them accurately account for every penny they are trying to collect. Get familar with your state laws, the FDCPA and civil procedure in your state. Knowledge is the best weapon. These guys, from what I've read are easy to defeat. They probably specialize in default judgements not litigation. Check them out on the internet. Knowing your enemy and their ways helps in knowing what to expect from them.
thank you harleyman-we can i find an exact sol for new jersey because its been more than 4 years. should i get a lawyer or do it myself-if i do it myself where do i get the forms and file it.
Was the summons actually filed with the court?? Was there a petition attached?? You don't need a lawyer to send them a dispute and validation request. Let me know if it was filed in court or they are just trying to scare you, meanwhile I will look up your states sol and post the Title and Sec.
Ok, here's the deal, your states statute of limitations is 6 years from the date of demand. You can read it on the N.J. website. N.J.S.A. 2A Article 14-1. That doesn't mean they can still prove up their claim. The lawsuit I just beat was on a CC debt that was still within the SOL and it was filed and I did go to court without an attorney. The first step for you is to send them a dispute and request for validation letter. This is just my opinion but try to make the letter sound intellegent and type it. I had the judge here question where I was getting my info as if he thought I had an attorney helping me. My info was more than he was aware of and came straight from the Oklahoma Court Network. If they think you know what you're talking about than they are more likely to back down rather than spend alot of time for which they can only receive a percentage of the total judgement as fees anyway. Make them spend time and money. I had about $25 invested in certified mail fees and printer ink and walked away from $4,000 CC debt, which by the way started out as $1,000.
Do not talk to the creeps I also am having a problem with Pressler and Pressler. They are suing me (yes the summons was official) for a cc debt that from 2002 that I paid to a CA in 2002. I sent them receipts and after stalling a few days they said they "couldn't read them" - after reading many boards for many hours I knew I need to FILE MY ANSWER witht he court and GET FAMILIAR WITH THE CIVIL COURT RULES. I thought this was cut and dry but these idiots want to keep going-the debt is less than $1,000.... They sent me a letter via regular mail stating they are asking for an "adjournment for discovery" ... I called the court to object but it was too late - they got it, the very next day! The clerk said I could send the judge a letter to object and that he would read it - at this point I am just getting an attorney to get them off my back quickly-after reading THIS forum I think I have found a place where you actully get an answer so I will continue to fight the fight - for P&P though they had me a bit outwitted this time but NEVERAGAIN! Never talk to these idiots on the phone-make them send everything in writing Make them prove you owe them the money Don't agree to anything on the phone - EVER Familiarize yourself with the NJ Statutes at www.njleg.state.nj.ua and the RULES OF THE COURT for your county. Good luck to both of us!
4 years is incorrect. Wage Garnishments and Bankruptcy Exemptions -- New Jersey WAGE GARNISHMENT EXEMPTION: Garnishment may not exceed 10% of gross salary. Monies may not be withheld if disposable weekly earnings are less than $154.50 per week or $309.00.00 every 2 weeks MAXIMUM INTEREST RATE: Legal: 6% Judgment: None specified STATUTE OF LIMITATIONS ON ENFORCEMENT: Open Account (credit card): 6 years Written Contract: 6 years Domestic Judgment: 20 years Foreign Judgment: 20 years
lol- I beat them with the help of an attorney! One for the good guys Pressler & Pressler are jerks - pure and simple.... I found that using all the tools of letters and validation did little, it actually took an attorney to point out their flaws to them; it was disheartening to find that like most court systems this is just one big boys club - my lawyer knew their lawyer blah blah blah - what a scam the whole deal is - once my report is cleaned up I will NEVER use credit to pay for anything again - let THAT sink into the experts who say it is legal for scumbag JDB to fish through your CR without reason or permission!
